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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 23 June 2017 at 04:44)
Part 10A Section 133
133   Register of offences
(1)  The Food Authority may keep a register of information about offences under this Act or the regulations relating to the handling or sale of food (the register of offences).
(2)  The register may contain any of the following information in relation to a person who has been convicted by a court of an offence under this Act or the regulations relating to the handling or sale of food, or whose employee or agent has been convicted of such an offence:
(a)  the name of the person,
(b)  the name and address of the place of business at which the offence was committed, including the local government area in which it is located,
(c)  the name and address of the usual place of business of the person,
(d)  the trade name under which the person trades,
(e)  if the person is a company, the name of the chief executive officer and any director of the company,
(f)  a description of the nature and circumstances of the offence, the decision of the court, the penalty imposed and any forfeiture incurred,
(g)  the enforcement agency or other body under the direction of which, or on behalf of whom, the relevant prosecution was conducted,
(h)  such other information of a general nature in relation to matters connected with food safety or other interests of consumers in food as the Food Authority thinks necessary.
(3)  Information relating to a particular offence is not to be published on the register until after the last day on which an appeal may be made against the conviction.
(4)  If an appeal is made against the conviction, information relating to the offence is not to be published on the register unless a final order has been made on appeal affirming the conviction.
(5)  The register of offences may be kept in such form as the Food Authority considers appropriate.
(6)  For the purposes of this Part, an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence is taken to be a conviction for the offence.